given his condition, it's not clear whether the 19-year-old suspect has been questioned yet, but when he is we're told he won't immediately be read his miranda rights, informing him of his right to an attorney and his right to remain silent. that announcement from the white house is sparking some controversy, and it's just one of a whole slew of legal questions now emerging in this case. nbc bay area's monte francis spoke to a terrorism expert tonight and is in san francisco with more on that. monte? >> reporter: well, diane, good evening. the aclu released a statement saying that denying miranda rights is un-american. but there is an exception to the miranda rule if there's a continued threat to public safety. the question everyone wants an answer to now lies with 19-year-old dzhokhar tsarnaev, a naturalized u.s. citizen who's recovering in the hospital. namely, what was behind the attack at the boston marathon. terrorism expert neil smeltser

at uc berkeley says the first questions investigators will likely ask tsarnaev will have to do with the motive. >> first psychological is is this some kind of a wayward nut like columbine or some of the school shooters apparently have been? what are the linkages? where's this guy -- who's this guy been linked up to? >> reporter: investigators will also want to know if the 19-year-old suspect planted any other explosives anywhere or if others were involved in the plot. the director of the american civil liberties union reacted to the administration's decision not to immediately mirandize tsarnaev by saying, "every criminal defendant is entitled to be read miranda rights." the public safety exception should be read narrowly and applies only when there's a continued threat to public safety. denial of rights is un-american. the man known as the underwear bomber was also questioned by the fbi before he was read his miranda rights and almost immediately confessed to attempting to blow up a

detroit-bound airliner on christmas day in 2009. he had links to al qaeda, but smeltzer says evaluating the information in this case thus far he assumes the two brothers were amateurs acting alone. >> by the homemade character of the weapons, which suggested something less systematic than a really sophisticated extensive terrorist operation likely. >> reporter: and the federal public defender's office said today that it will defend tsarnaev. most experts think this case will be tried in federal court, and prosecutors could charge him with use of weapons of mass destruction, which would make the case eligible for the death penalty. live in san francisco, monte francis, nbc bay area news. >> monte, thank you. the bombing suspect is being held and treated in the same hospital as some of the victims. more than 180 people were hurt in the explosions, and some are still in critical condition tonight. their stories continue to trickle out.

liz norden's to sons each lost a leg in the explosions. >> i'm numb now. it was a nightmare. it's running between two hospitals, each of them as sick as they are, as hurt as they are. i couldn't be in both places at both times. it's a nightmare. >> norden says she is grateful her sons is alive, and today one of them, 31-year-old paul, opened his eyes for the first time since the explosion. thousands of people in wilmington, massachusetts and officers from around that state lined the streets to honor m.i.t. police officer sean collier today. investigators say he was shot and killed thursday night by the bombing suspects. the hearst carrying his body passed through his hometown on the way to a park where a vigil was held this evening. and tomorrow on a special edition of "meet the press" we'll have the latest on the investigation from senate majority whip dick durbin and the chairman of the house intelligence committee and former fbi agent representative mike rogers.

you can watch "meet the press" right here on nbc bay area at 8:00 tomorrow morning. and the events in boston caused dozens of additional people to sign up for an emergency drill in san francisco today. >> hello! >> hello! >> about 50 of the 300 volunteers for the drill today signed up in the last few days after the bombings in boston. today's drill was for an earthquake, but the training covers everything from first aid to search and rescue, and firefighters say boston was a perfect example of why everyone should learn the basics of emergency training. >> bystanders at event in boston helped people and saved lives by doing basic first aid, brought people to attention, i need to refresh my skills, i need to be part of this volunteer because absolutely, first responders will be there but will be overwhelmed by an event such as the one in bottom. >> the drills are held by the san francisco fire department several times a year and anyone can sign up for them for free. the neighborhood emergency

responsibility team, or n.e.r.t., holds classes and training throughout the year. this weekend could be the last time alameda county sheriff's deputy help patrol the streets of oakland. the sheriff's department is refusing to continue the patrols until oakland agrees to pay workers' comp costs if deputies are hurt on the job. right now the county is paying the medical bills of a deputy shot in the foot during a traffic stop in oakland last month. however, the county wants the city of oakland to pick up such tabs in the future. the city has refused. oakland is at its lowest staffing level for police in over a decade. the chp will continue working in oakland, we're told. and some city leaders said they will work to help bring those deputies back. take a look at this. a pilot in the north bay survived a scare after crashing his plane upside down in a santa rosa vineyard today. it happened just before 10:30 today. according to the "santa rosa press qum," 67-year-old patrick bell was piloting the single

engine world war ii-era biplane when it lost power. after crashing he was able to get out of the cockpit himself and was not hurt. but as you can see, there was considerable damage to the vineyard. the warriors had their first playoff game in six years today. there were highs and there were lows. nbc bay area's lawrence scott is in denver with the warriors and has the story that is new at 11:00. >> hey, thank you. the warriors' game one of their nba playoff series here in denver against the nuggets came down to the final seconds. and the warriors fall just short, losing 97-95. >> they won game one. and i won't look at it like, you know, they stole one or we could have -- no, we're two good basketball teams. that's in for a heck of a series. >> fought hard all the way to the end. one big play by andre miller k45 changed the game. we feel good about going into game two. >> reporter: and some concerning news after the start of the fourth quarter.

warriors all-star forward david lee suffers what has been inly diagnosed as a strained right hip flexor. x-rays were negative, and lee will undergo an mri on sunday. >> we prepared all season long. we believe in our guys, top to the bottom. so we feel comfortable and confident, and whoever has to step up in his place. and we are and will always always be a no xurs basketball team. >> reporter: we talked with several warriors fans who made the trip to denver to be here for day one. >> we've been walking downtown and get all these dirty looks, but we drove all the here from vallejo, california to represent the golden state. warriors, baby! >> reporter: so the warriors have two days of practice before game two here in denver on tuesday night. then they return to the bay area for games friday and sunday at oracle arena. with the scene from denver i'm lawrence scott. let's send it back to you in the studio. still to come, in sports we'll show you how it all came down to the wire for those warriors tonight. also, a live look over san jose.

we're tracking some spring heat that's expected to stick around. >> yeah, that's right, diane. in fact, temperatures today climbed back to the mid 70s at the coast. even into the mid to upper 80s inland. our warmest spots, gilroy at 85. you'll notice temperatures expected to climb even warmer. in fact, 90s return by monday. we'll detail it all coming up. and we'll also have the latest from southern california where hundreds of homes were evacuated because of a wildfire p where it's burning and what sparked the flames, coming up next.

happening right now, people who live in monrovia east of los angeles were allowed back into their homes starting at 9:30 tonight. the fast-moving brush fire in

the foothills is no longer threatening houses but firefighters say it won't be fully contained until sometime form. the fire started shortly after 11:00 this morning when apparently a gardener's power tool created sparks. about 175 acres have burned so far. no buildings have been damaged but one firefighter suffered a heat-related injuries. rescuers and relief teams are struggling to bring supplies into the hills of china. last night a 6.6 earthquake left at least 179 people dead and more than 6,700 people injured. the quake triggered landslides that cut off roads and disrupted phone and power connections. a massive quake struck the same area five years ago, killing 90,000 people. and in west texas today people living near where a fertilizer plant exploded wednesday night were allowed to return to their battered homes. authorities gave the okay after a nervous morning. emergency workers said they had to put out several small fires near the blast site because of leaking gas tanks. residents are being asked to

observe a curfew and not wander farther than their own yards. wednesday's blast killed 14 people and injured 200. some lawmakers are vowing to fight for tougher national gun laws. and that fight is not over. two senators held a town hall meeting in the south bay today, asking for voters' help to push congress to push forward on the matter. nbc bay area's kimberly teree has that story. >> obviously, gun violence and prevention of this violence in our country very much on the minds of my constituents. they certainly voiced their opinions about their deep, deep, deep disappointment. >> the amendment is not agreed. >> of what took place in the united states senate this week. we have moms demanding action. >> reporter: back from washington, representative anna eshoo hosted a town hall meeting in palo alto along with the chairman of the house task force on gun violence prevention.

three days ago the senate rejected a bipartisan bill that would have required background checks for all gun purchases, including those made at gun shows. >> it's the first line of defense. now, if we have the background checks, does that mean no criminals will ever again get a gun? no. does it mean the dangerously ill will never again get guns? no. but it's going to be a little bit tougher, and we know it's works. >> reporter: many people asked the senators question about the legislation and what they could do to push it forward. >> i think that says it all. >> reporter: but some, a mfrnt, questioned the representatives about whether more laws are the answer. >> i think a lot of people are working from an emotional perspective right now. and i think legislation based on emotion is risky and usually rushed. >> reporter: kirk vartan, a second amendment supporter, says guns and other weapons are being demonized. he says a better solution to the violence is education. >> pressure cookers, ball bearings, all these other things, these are all -- you can't legislate all this stuff out. you can't just try and legislate safety in terms of taking --

trying to ban certain things. >> reporter: kimberly tere, nbc bay area news. starting monday stores in most cities in san mateo county are banned from using most plastic bags. the latest city joining the trend, daly city. >> reason this legislation was put forward is because in daly city in particular there was different plastic bags getting onto our beaches. and so it's good, sound legislation, and i'm really looking forward to making sure that we keep our environment pristine. >> also in daly city today an earth day event that encouraged people to drop off anything they wanted to get rid of at the dump. nearby there was a beach cleanup day and similar events across the bay area. anthony slaughter, monday is earth day and it's going to be warm out there. >> today was very warm by all means. in fact, this is the beginning of a very warm trend that's going to kick in over the next

couple of days. and monday is when the heat peaks out, diane. temperatures today looked like this. we were at 79 in san jose, 73 in san francisco. 80 in santa rosa and even 80 down in santa cruz. day plan yes for tomorrow does include lots of sunshine at the coast. temperatures. out in the mid 70s bayside, 70 degrees inland. that's where we're going to see the warmest air. 87 degrees for our inland valleys. and if that's not warm enough for you hang on. this is what we're experiencing for monday. temperatures all across the board really from san up to livermore. we're going to be close to 90 degrees, and they're going to smash all of these old records. you'll notice a lot of these old records, even santa rosa, old record of 81 degrees for monday. then we get close to 90 degrees on monday. very warm. all because we have this area of high pressure sitting right on top of us and it's limiting the cold air we find in the jet stream. all that air sinking to the surface. that's typical of high pressure. we get the sinking air. and as it sinks it warms zmaz

basically what's happening over the past couple of days we're seeing the warming trend kick np the persistent offshore winds will continue to allow for not only warm conditions but an increased fire threat as you heard earlier in southern california, those wildfires definitely start getting going around this time of year. high pollen will stick around and unfortunately air quality will begin to suffer just a little bit. but the good news, this is perfect beach weather. if you are trying to get out to any area beaches tomorrow, pacifica temperatures top out near 70 degrees, winds light out of the north at five to ten, half moon bay a little cooler, ofrnl 62 today, expect to be 72 for tomorrow, but of course the pick beach and one of the familiar destinations for many of us here across the bay. 84 degrees in santa cruz tomorrow with winds light out of the north at five to ten. everywhere else back into the 80s or inland valleys. livermore 87. almaden valley 87 as well. san jose 84. closer to the coast not going to be as cool as it was today. headed up to about five degrees warmer than we were. 81 in oakland.

and 78 in san francisco. this is just the beginning of a very warm trend that will stick around at least for the next four days. record heat expected again for monday. possibly a few lingering records for tuesday. but the good news, if you are not a fan of this heat, there was some natural cooling that will happen as we head toward thursday and friday, but i love, it it's great, bring it on. >> i love it too. thank you, anthony. sports is next. find out if tim lincecum was able to turn things around.

and a good saturday evening to you. i'm brodie brazil. the warriors began their current season back on halloween of 2012, and in those days not too many were predicting golden state as a playoff team, but through adversity and maturity the dubs earned a sixth seed in the west and it translated into tonight. game one of the nuggets and warriors. early fourth quarter, david lee went up for a layup, came down awkwardly, was diagnosed with a strained hip flexor. mri tomorrow. curry hits the three ball from the corner. ties it at 95. 90 seconds. same score. andre miller driving past draymond green. he'll get the layup to go. that is your game winner. denver takes game one, 97-95. how about the giants hosting the padres? tim lincecum starting and dealing early. he will strike out chase headley. here in the first. and lincecum gets kyle blank blanked to end the second.

third inning padres have the bases loaded but lincecum grounds out to end the inning. scoreless in the fourth. that is, until pablo sandoval took a whack. a two-run homer to right is all the giants needed in this one. they go on to win by that final. >> i mean, we went down there before the game. we just talked about our game plan, tried to stick to it. i didn't check my head too much. buster's really calm out there. so it eases the excitement when you get into those big innings. you just see him and he's sitting there knowing you're going to get out of it and it dissipates that stress and that tense feeling out there. ing able to throw to him was definitely a plus for us. the a's in tampa with outfielder josh reddick sporting a little cleaner look today. he cut his own hair and shaved the beard. bottom two, matt joyce, a line drive turns into a solo home run. right over reddick's head 137-0

tampa. fourth inning, evan longoria popping this toward the a's' bullpen. josh donaldson easter his shoulder. he gets the catch, but the a's get shutout 1-0 in florida. in hockey the sharks remain in pretty good position as far as the stands are concerned. if they win tomorrow against columbus, san jose will clinch its ninth straight postseason appearance. diane, back to you guys. we're looking forward to that one tomorrow and a busy weekend here in sports. >> absolutely. thanks. we're back in a moment with a sweet surprise for red sox fans in boston.

we've made major advancements in reducing the incidents of broken bones in seniors. we've received recognition for getting hypertension under control for over 80% of our members. we've made significant advances in asthma, immunization and maternity care.

and j.d. power and associates ranked us highest in member satisfaction among health plans in california. we're focusing on the big things so you can enjoy the little things. kaiser permanente. thrive. it made him synonymous with fenway park.

♪ oh, you know you're singing along. that w the middle of the eighth inning. red sox were down by a run. and take a look. bottom of the eighth, a three-run homer. red sox won the game 4-3. this was the first time the red sox had played in fenway since the bombing. thanks for joining us. good night. enough about the book, i want to hear about your date.

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hello, hello, everyone. okay and, folks, welcome back. [ cheers and applause ] welcome back to the fiesta ballroom here on carnival cruise triumph, okay? i am your cruise director dean and this is my assistant cruise director, diana. >> and can i say for people that have not showered in four days, you look great. >> you do. yeah. and hey guys, just because we're stuck in the middle of the ocean with no working toilets doesn't mean we can't have some fun, all right? first a tiny update. >> as we informed you yesterday a tug boat is pulling us back to shore which is great news. >> sure is. but a slight snag. the tow line broke. >> wah-wah! >> yeah, yeah, okay. but dry those eyes and get ready to laugh because up next, you know him from the punch liner comedy brunch, please welcome ship comedian reggie davis. reggie, come on out. >> yeah, yeah! >>you know, if chris rock were here, i bet he would say "don't anybody want to go on a cruise?

you all going to die on this boat." what else? what else? what else? i'm sorry. okay? i can't tell no more jokes. there is dookies on the wall, man. how does dookie get on the walls? how does that happen? >> okay, all right. okay. okay. all right. >> that's reggie davis, everyone. reggie davis. funny guy. >> if anyone here is going to be in seattle next weekend, reggie will be headlining at funny bone. >> yeah. speaking of headlines, one of the helicopters flying above dropped down a couple papers. we thought we would catch you up on what you missed this week, all right? >> there is no god! >> hey, hey, hey! there is a god. there is a god. he did not abandon us, okay? all right, let's see what's in the news. the pope resigned. oh, lord. >> hey! here is something fun.

north korea successfully launched a nuclear -- >> here we go. i got one. you guys remember oscar pistorius? huh, you remember that? the olympic sprinter that ran on blades? >> ooh, amazing story. >> incredible. >> so uplifting. >> absolutely. says here that -- nope, no, no, no. >> hey, this is interesting. you guys think you might have it bad? do you have it worse than 4,000 stranded on nightmare cruise? that is about us. >> that's us. yeah. >> that's enough. enough of the headlines. who likes magic? okay, because mentalist victor lestrange is here to amaze you. victor. >> victor! >> come on. >> a volunteer, please. you, sir. what's your name, sir? >> mike. >> how are you doing, mike? >> real bad. >> all right. look into my eyes.